State v. Stephen Toliver, 2014AP2939-CR, 12/15/15, District 1 (not recommended for publication);case activity Here, in Wisconsin’s very own Jarndyce v. Jarndyce, the court of appeals upholds the denial of Toliver’s motion to withdraw his guilty plea, the circuit court’s refusal to vacate his felony murder plea, and the circuit court’s denial of his ineffective assistance… Read more
F. Sentence credit
State v. David Aaron Piggue, Jr., 2016 WI App 13; case activity (including briefs) Under State v. Floyd, 2000 WI 14, 232 Wis. 2d 767, ¶¶14-18, 25-27, 606 N.W.2d 155, a defendant is entitled to sentence credit for time in custody on charges that are dismissed and read-in for sentencing purposes. The court of appeals declines… Read more
State ex rel. Christopher W. Baade v. Brian Hayes, 2015 WI App 71; case activity (including briefs) Section 973.155(4) says that sentence credit granted to inmates serving sentences of one year or less in a county jail or a house of correction “shall include earned good time….” That language doesn’t apply to inmates who are placed on probation and given… Read more
State v. Andrew Obriecht, 2015 WI 66, 7/7/15, reversing a published court of appeals decision; case activity (including briefs) When sentence credit is granted after a convicted defendant’s parole is revoked, the additional credit must be applied to the parolee’s reincarceration time, and not—as the Department of Corrections and the court of appeals thought—to any period of parole remaining… Read more
State v. Tahj E. Kitt, 2015 WI App 9; case activity “When a convicted offender has put sentence credit at issue, the court—not the clerk—must make and explain the decision on how much sentence credit is to be awarded.” (¶2). After Kitt filed a postconviction motion seeking additional sentence credit over the 75 days he’d already been… Read more
Review of a published court of appeals decision; case activity Issue (composed by On Point) When additional sentence credit is granted after an offender’s parole has been revoked, is the additional credit applied to the offender’s term of reincarceration, or to the remaining period of parole? Obriecht was revoked from parole and reincarcerated in prison for some portion of the… Read more
State v. Joseph T. Trepanier, 2014 WI App 105; case activity This case presents an issue of first impression: Whether a defendant is entitled to sentence credit for time spent in presentence custody for a burglary when he was also in custody pursuant to an unrelated civil commitment for contempt of court. The State, naturally, opposed dual sentence credit. But the winner… Read more
State v. Andrew M. Obriecht, 2014 WI App 42, petition for review granted 11/14/14, reversed, 2015 WI 66; case activity When sentence credit for time spent in custody before the defendant was sentenced is not granted until after the defendant has been revoked from parole and reincarcerated, the plain language of § 302.11(7)(am) and (b) requires DOC… Read more
